Ohio Senate Approves Controversial Transgender Bathroom Ban

This blog is originally appeared at LGBTQ Nation

The bill affects all students across the state and will limit the rights of thousands of transgender individuals if signed into law by the governor.

On Wednesday, the Ohio State Senate approved Senate Bill 104, a transgender bathroom ban for all students in the state, including those in higher education.

Titled the “Protect All Students Act,” the bill passed with a 24-7 vote, strictly along party lines.

The bill states, “A school shall designate each student restroom, locker room, changing room, or shower room that is accessible by multiple students at the same time, whether located in a school building or in a facility used by the school for a school-sponsored activity, for the exclusive use by students of the male biological sex only or by students of the female biological sex only.”

The bill will soon be sent to Governor Mike DeWine (R) for either approval or veto. While he is expected to sign it, the Associated Press reports that he will first conduct a legal review.

The ban exempts school faculty, children under 10 who require family assistance, and individuals with disabilities.

Rather than defining gender, the bill relies on the concept of biological sex, which it defines as “the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender.”

The bill does not address or provide exceptions for intersex individuals, who do not fit neatly into traditional biological sex categories.

The Ohio Center for Christian Virtue strongly supports the bill. “Today is a huge victory for children and families in Ohio,” said David Mahan, the group’s policy director, calling it “common-sense legislation.”

However, Jocelyn Rosnick, Policy Director for the American Civil Liberties Union of Ohio, expressed strong opposition. “We are incredibly disheartened by the Ohio General Assembly’s continuous attacks against transgender and gender non-conforming individuals across Ohio. Senate Bill 104 is a cruel invasion of students’ rights to privacy, which could result in unwarranted governmental disclosures of private, personal information.”

She added, “If allowed to go into effect, SB 104 will create unsafe environments for trans and gender non-conforming individuals of all ages. This bill ignores the material reality that transgender people endure higher rates of sexual violence and assaults, particularly while using public restrooms, than people who are not transgender. All Ohioans deserve to access the facilities they need, in alignment with their gender identity, without fear of harassment or bullying. The ACLU of Ohio remains steadfast in our commitment to standing with trans Ohioans and is closely considering next steps.”

November 22, 2024 0

Key Points on Trump’s Radical Anti-LGBTQ+ Agenda for a Potential Second Term

This blog is originally appeared at THEM.

Donald Trump triumphed over Kamala Harris early Wednesday morning in a presidential election marked by the Republican candidate’s anti-trans and anti-immigrant rhetoric.

On what may go down as one of the darkest days in U.S. history, a twice-impeached former president, who is both an accused rapist and a convicted felon, has been elected to the White House once again.

Donald Trump defeated Vice President Kamala Harris early Wednesday morning in an election dominated by the Republican candidate’s anti-trans and anti-immigrant rhetoric. Trump secured crucial battleground states—North Carolina, Georgia, Pennsylvania, and Wisconsin—after weeks of polling that showed him and Harris in a tight race.

“Trump was expected to declare victory even if he had lost, but his actual win now paves the way for what promises to be one of the most extreme presidential agendas in U.S. history. The consequences of another Trump presidency will be particularly dire for LGBTQ+ Americans, with his campaign platform outlining a full-scale assault on queer rights. On his 2024 campaign website, Trump vowed to implement a federal ban on gender-affirming care for minors and to redefine gender at the federal level, recognizing only male and female as legitimate genders—based solely on birth assignment. His platform also called for national “Don’t Say Gay” policies targeting LGBTQ+ students in schools and vowed to “keep men out of women’s sports.” Trump’s running mate, J.D. Vance, a former senator, introduced a bill that would imprison doctors who provide gender-affirming care to trans youth.

These policies would continue the trajectory of Trump’s first term, which was marked by a relentless assault on the LGBTQ+ community. Among the most significant actions were the ban on transgender people serving in the military, the removal of LGBTQ+ references from federal websites, the rollback of protections for trans students, and the opposition to workplace protections for LGBTQ+ employees. His administration also implemented a ban on people living with HIV from military deployment, disbanded the Presidential Advisory Council on HIV/AIDS, and cut global funding for HIV prevention and treatment.

During his 2024 campaign, LGBTQ+ Americans were once again bombarded with anti-LGBTQ+ messaging. Trump ran on a platform of staunch opposition to trans rights, supported by millions of dollars in ads from right-wing groups that portrayed the trans community as a threat to public safety and decency. One of the most widely circulated ads of the election cycle declared: ‘Kamala is for they/them. President Trump is for you.’ In his first and only debate with Harris, Trump made headlines by falsely claiming that she supported ‘transgender operations on illegal aliens in prison’—a statement LGBTQ+ advocates later clarified was a misrepresentation of the legal requirement to provide medically necessary care to incarcerated individuals. He also falsely accused Harris’ running mate, Tim Walz, of being ‘very heavy into transgender issues.'”

As advocates have consistently warned, the impact of Trump returning to the White House will be devastating for many vulnerable and marginalized groups. While Trump has repeatedly wavered on whether he supports national restrictions on abortion and contraception following the 2022 overturning of Roe v. Wade, his running mate, J.D. Vance, has made it clear that he ‘would like abortion to be illegal nationally.’ Trump has also floated the idea of defunding schools that teach the history and legacy of slavery, and he has persistently called for the disbanding of the Department of Education. Furthermore, his mass deportation agenda, aimed at expelling thousands of undocumented workers from the U.S., would reportedly cost the federal government millions of dollars each year.

In addition to these proposals, Trump’s allies—such as House Speaker Mike Johnson—have signaled plans to launch another attempt to repeal and replace the Affordable Care Act. This could jeopardize critical healthcare protections for seniors, pregnant patients, people with disabilities, and LGBTQ+ individuals, potentially leaving millions without access to vital services.

While it will be months before a second Trump administration fully takes shape, the public already has a clear sense of how he plans to govern. Throughout his volatile presidential campaign, Trump vowed to act as a dictator ‘on day one,’ promising to dismiss Jack Smith, the special prosecutor overseeing numerous criminal cases against him. In recent weeks, he has suggested using the National Guard to target American citizens, even fantasizing about journalists being shot, while repeatedly labeling those who oppose his fascistic views as the ‘enemy from within.’ Trump has also reportedly offered key positions in his administration to figures like Elon Musk and Robert F. Kennedy Jr.—the latter being an outspoken conspiracy theorist who has advocated for banning vaccines and removing fluoride from public drinking water.

In response to the looming threat of a second Trump term, some LGBTQ+ U.S. residents—particularly families of trans youth—have already fled the country out of fear for their safety and well-being. However, many others who would be directly impacted by his policies will not have the privilege of leaving. As during his first presidency, LGBTQ+ advocates are expected to continue their fight through the courts, the legislature, and public protests, standing firm against a wave of harmful policies that threaten their rights and freedoms.

November 8, 2024 0

Texas eliminates the option for transgender individuals to update the gender marker on their IDs

This blog originally appeared at LGBTQ NATION.

Individuals attempting to change their gender will be entered into a database accessible by state Republicans.

According to KUT, transgender Texans can no longer update the gender marker on their state IDs, even if they have a court order or an amended birth certificate. The only exception is if the change is proven to be a clerical error. However, the Texas Department of Public Safety (DPS) stated that this rule is no longer in effect, and the relevant information was quietly removed from their website yesterday. A DPS spokesperson attributed the change to Texas Attorney General Ken Paxton (R).

“The Office of the Attorney General (OAG) has recently expressed concerns about the validity of court orders directing state agencies, including the DPS, to change the sex of individuals in government records like driver licenses and birth certificates,” the agency informed KUT.

“Neither DPS nor other government agencies are involved in the legal proceedings that result in these court orders, and the absence of legislative authority and evidentiary standards for courts to issue such orders has necessitated a thorough legal review by DPS and the OAG. Therefore, as of Aug. 20, 2024, DPS has stopped accepting these court orders as valid for changing sex identification in department records, including driver licenses,” the agency stated.

Ian Pittman, an attorney assisting trans Texans, told The Texas Tribune that this policy shift raises significant privacy concerns for transgender individuals, as they will now be forced to carry IDs that don’t reflect their gender. This mismatch can result in discrimination, harassment, violence, and barriers to accessing services that require identification.

The DPS now officially documents and scans any birth certificate changes or court orders related to gender markers but does not use them to process updates. “This policy effectively puts people on a list that could interfere with their health care,” Pittman said, urging trans Texans not to submit court orders to the DPS.

The change comes amid broader efforts in states like Florida and Kansas to block transgender individuals from altering ID markers, alongside numerous anti-LGBTQ actions by Texas Attorney General Ken Paxton and Governor Greg Abbott (R). Two years ago, Paxton directed DPS employees to create a list of individuals who had requested gender marker changes.

“Texans will now be subject to involuntary surveillance simply for trying to update a government document,” said Brad Pritchett, interim CEO of Equality Texas. “There is no clear rationale for why DPS would need this information, nor a valid reason to deny gender marker updates on driver’s licenses.”

September 16, 2024 0